( 1 ) THIS appeal is preferred against the judgment and order of acquittal recorded by the First Additional Metropolitan Sessions Judge, Hyderabad, dated 30/11/1994, in Criminal Appeal No. 52, of 1994. By this order the learned Sessions Judge reversed the judgment and order of conviction recorded by the XVIIth Metropolitan Magistrate, Hyderabad, by his judgment and order dated 21/01/1994, in C. C. No. 24 of 1991. Learned counsel for the appellant/complainant contended that the impugned judgment and order of the appellate court is illegal and without jurisdiction and it is contrary to law and the facts of the case. On the other hand, learned counsel for the respondent supported the impugned judgment and order.

( 2 ) IN order to appreciate the rival contentions it is necessary to note a few facts of the case. The sole respondent-accused issued a cheque dated 8/09/1990, for an amount of Rs. 50,000 in favour of the complainant towards the purchase of iron scrap from the complainant. The said cheque was presented on 10/09/1990, but it was returned with the endorsement of the bank on the same date as "not arranged for" which is marked as exhibit P-2. The said cheque was